Legal Question in Family Law in Illinois

My brother has been divorced for several years . Both kids are over 21 so no child support is required of him. However, he owed his ex-wife an amount of back-support and the problem now seems to be that the debt never goes away. His employment situation is more part-time than full, and his personal situation now depends on the charity of others. For example, he sleeps on someone's couch and has no car of his own.

The debt to his ex, and his employment problems, have led to occasional arrests for non-payment, and he cannot afford legal representation. About three years ago, he was told he owed around $3000 to satisfy his back-support debt. Since then, it has somehow ballooned to $16,000 through "interest" (supposedly). It is believed that since he cannot afford legal representation, that his wife, with the help of her attorney, is simply adding more to the debt and that there is nothing he can do about it.

Can he really be made to pay interest on back-support debt, and how much would it cost him to have a lawyer present simply to confirm what the total debt is once and for all, so that he can pay it down and know at all times what remains? Can he demand an answer to that question (and more importantly, get one), should he have to appear in court in the future, without needing to pay for a lawyer to ask it?


Asked on 3/30/13, 5:09 pm

1 Answer from Attorneys
Jonathan Shimberg Shimberg and Crohn, P.C.

Every non-payment accrues interest at 9 % per annum. The debt is non-dischargeable in bankruptcy and is a chain around his neck until it is paid or compromised. His decision to not have representation in the past may have cause to limit his choices at this point. His failure to pay may have resulted in the assessment of attorneys fees to her attorneys fees. Not a pretty picture.

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Answered on 3/30/13, 5:35 pm


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